| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 120A/09 |
| Determination date | 06 October 2009 |
| Member | D Asher |
| Representation | A Millar ; P Drummond |
| Location | Wellington |
| Parties | Mawley v Jorgensen t/a Barista the Expresso Bar |
| Summary | COSTS - Successful practice and procedure claim - Less than half day investigation meeting - Applicant sought full solicitor client costs of $1,500 plus GST - Applicant claimed respondent made only token statement in reply, failed to attend mediation twice, despite agreeing to, and belatedly challenged applicant’s assertion was employer - Claimed Authority should discourage bad faith behaviour by making full costs award - No costs submissions received on behalf of respondent - Authority did not accept respondent’s bad faith properly addressed by costs award - Found matter best left to Authority in determining substantive issue or Employment Court in respect of challenge - Found $750 contribution to applicant’s fair and reasonable costs appropriate |
| Result | Costs in favour of applicant ($750) |
| Main Category | Costs |
| Cases Cited | Mawley v Jorgensen t/a Barista the Expresso Bar unreported, D Asher, 28 Aug 2009, WA 120/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 120a_09.pdf [pdf 14 KB] |